How Did the Constitution Guard Against Tyranny

How Did the Constitution Guard Against Tyranny?

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Institution

How Did the Constitution Guard Against Tyranny?

Do you think people liberty would exist if there is compromise of the constitution and the rule of law? Drafting of the constitution is crucial, this provide citizen with a chance to air their grievances and to highlight the various changes that they would like to have in an incoming government. Before the drafting of the united states constitution, there existed a confederation of states which provided for the running of newly formed nation. The confederation of states faced various challenges as it failed to provide for the ending of rampant wars between different states. The writers of the constitution had to meet in Philadelphia to discuss how they could develop a unitary government constitution that would encompass ideas from different states regarding various matters. The constitution is crucial in a country as it protects its people against tyranny in four different ways including, imposing checks and balances, protecting the bill of rights, devolution of powers and through the great compromise.

Separation of powers is one guard built into the constitution to guard against tyranny. In a tyrannical government, the dictator holds all the powers and use harsh approaches in ruling the state. Separation of power ensures that gives different bodies of the government including the executive, judiciary and the legislature power, this ensures that no single body have control over the other (Jenkins, 2011). Importantly, the separation of powers ensures that each arm of the government can exhibit checks on other branches if their conduct is wanting.

Great compromise is another guard built in the constitution top to offer protection against tyranny. The Connecticut convention ensures that there is no compromise in the representation of small and large states in the united states senate. During the drafting of the constitution there was an argument that representation of people in the senate will be on the basis of individual state population. This raise a heated debate which the verdict decided to ensure equal representation (Lewis, 2013). The great compromise impose ensures that great states does not dominate in voting in of a congress hence avoiding overpowering of the smaller nations. Great compromise ensures that there is equitable representation of the interest at the senate. United states house of representative does not have equal number of people representing the interest of the people. If this would be the same case for the senate, smaller states would be less effective in putting forward their opinions.

Bill of rights is another invaluable guard in the constitution which offers protecting against tyranny. Ideally, in a tyrannical state, it’s civilian lacks the machinery to present their grievances to the central power. The directives issued by the tyrannical government compel people to do things without proper consultation of the potential harm (Garry, 2009). The bill of right under the constitution provides for various aspects of rights; there is no compromise to the provided right by the government whatsoever. The bill of rights ensures that there is no compromise for individuals right by government. The rights of citizens united states have documentation in the constitution. The supremacy of the constitution through the rule of law ensures that no interferes with the listed law. Interfering with the rights of individuals would be unconstitutional and would therefore generate penalty for the offender.

Checks and balances are crucial element in the constitution and they guard against tyranny in united states. The three branches of the government are equal, the imposition of checks and balances ensure that no arm would accrue much powers to leading to its dominance (Andrias, 2015). There are various limits to power for different arms of the government and each branch has the capacity to impose checks to regulate use of power on the other branch. For instance, the legislature can present a vote of no confidence if the president abuse power or if they fail to deliver. On the other hand, the judiciary or the presidency may decide to dissolve the legislature is they fail to conduct their business in a specified manner.

Conclusion

The constitution as crucial document in the running of the government and it offers protection against tyranny in different ways including the separation of powers, imposing controls and check on the different arms of the government, upholding the great compromise and promoting the separation of powers. The constitution through the rule of law promote accountability for different behaviors and this is crucial in promoting the ten amendments of the bill of rights. Similarly, the imposition of checks and balance regulates the acquisition of powers by different bodies of the government thus preventing tyranny. Besides, upholding great compromise make sure that there is no domination in the senate by the bigger states. This further promote equality in voting towards a given bill that affects live of people in the united states. Finally, the separation of powers ensures that there no dominance in running of the nation by a given group falling under certain arm of the government.

References

Garry, P. M. (2009). Liberty Through Limits: The Bill of Rights as Limited Government Provisions. SMUL Rev., 62, 1745.

Andrias, K. (2015). Separations of Wealth: Inequality and the Erosion of Checks and Balances. U. Pa. J. Const. L., 18, 419.

Jenkins, D. (2011). The Lockean Constitution: Separation of Powers and the limits of prerogative. McGill Law Journal/Revue de droit de McGill, 56(3), 543-589.

Lewis, D. C. (2013). Direct democracy and minority rights: A critical assessment of the tyranny of the majority in the American states. Routledge.